EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Finance
Public Governance, Performance and Accountability
Amendment (Listed Entities) Rules 2017
The Public Governance, Performance and Accountability Act 2013 (PGPA Act) and the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) set out a framework for regulating resource management by the Commonwealth and relevant entities. Section 101 of the PGPA Act provides that the Minister for Finance may make rules by legislative instrument to prescribe matters giving effect to the Act.
The Public Governance, Performance and Accountability Amendment (Listed Entities) Rules 2017 (the Rule) amends Schedule 1 to the PGPA Rule by repealing:
- clause 1A which prescribes the Australian Building and Construction Commission (ABCC) as a listed entity;
- clause 3 which prescribes the Australian Transaction Reports and Analysis Centre (AUSTRAC) as a listed entity; and
- clause 14 which prescribes the National Competition Council (NCC) as a listed entity.
The commencement of the Public Governance and Resources Legislation Amendment Act (No. 1) 2017 sees the ABCC, AUSTRAC and the NCC respectively prescribed as listed entities for the purposes of the PGPA Act within the following pieces of legislation:
- the Building and Construction Industry (Improving Productivity) Act 2016;
- the Anti-Money Laundering and Counter-Terrorism Financing Act 2006; and
- the Competition and Consumer Act 2010.
There is no longer a need to maintain the listings of these entities within Schedule 1 to the PGPA Rule.
Details of the Rule are set out at Attachment A. A statement of compatibility with human rights is at Attachment B.
The Rule is a legislative instrument for the purposes of the Legislation Act 2003 and is disallowable in accordance with section 42 of that Act.
Consultation
The Rule was developed by the Office of Parliamentary Counsel in consultation with the Department of Employment, the Attorney-General’s Department and the Department of the Treasury.
Attachment A
Details of the Public Governance, Performance and Accountability Amendment
(Listed Entities) Rules 2017
Section 1 – Name
This section provides that the title of the instrument is the Public Governance, Performance and Accountability Amendment (Listed Entities) Rules 2017 (the Rule).
Section 2 – Commencement
This section provides that each provision of the instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table.
The whole of this instrument commences at the same time as the Public Governance and Resources Legislation Amendment Act (No. 1) 2017 commences.
Section 3 – Authority
This section states that the Rule is made under the Public Governance, Performance and Accountability Act 2013 (PGPA Act).
Section 4 – Schedules
This section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1 – Amendments
Public Governance, Performance and Accountability Rule 2014
Item 1 – Clauses 1A, 3 and 14 of Schedule 1
This item amends Schedule 1 to the PGPA Rule by:
- repealing clause 1A which prescribes the Australian Building and Construction Commission (ABCC) as a listed entity;
- repealing clause 3 which prescribes the Australian Transaction Reports and Analysis Centre (AUSTRAC) as a listed entity; and
- repealing clause 14 which prescribes the National Competition Council (NCC) as a listed entity.
The ABCC is now prescribed as a listed entity for the purposes of the PGPA Act within the Building and Construction Industry (Improving Productivity) Act 2016.
The AUSTRAC is now prescribed as a listed entity for the purposes of the PGPA Act within the Anti-Money Laundering and Counter-Terrorism Financing Act 2006.
The NCC is now prescribed as a listed entity for the purposes of the PGPA Act within the Competition and Consumer Act 2010.
There is no longer a need to maintain the listings of these entities within Schedule 1 to the PGPA Rule.
Attachment B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Public Governance, Performance and Accountability Amendment
(Listed Entities) Rules 2017
The Public Governance, Performance and Accountability Amendment (Listed Entities) Rules 2017 is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The Public Governance, Performance and Accountability Act 2013 (PGPA Act) establishes a framework for regulating resource management by the Commonwealth and relevant entities. Section 101 of the PGPA Act provides that the Minister for Finance may make rules by legislative instrument to prescribe matters giving effect to the Act.
The Legislative Instrument amends Schedule 1 to the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) made under the PGPA Act by repealing:
- clause 1A which prescribes the Australian Building and Construction Commission (ABCC) as a listed entity;
- clause 3 which prescribes the Australian Transaction Reports and Analysis Centre (AUSTRAC) as a listed entity; and
- clause 14 which prescribes the National Competition Council (NCC) as a listed entity.
The commencement of the Public Governance and Resources Legislation Amendment Act (No. 1) 2017 sees the ABCC, AUSTRAC and the NCC respectively prescribed as listed entities for the purposes of the PGPA Act within the following pieces of legislation:
- the Building and Construction Industry (Improving Productivity) Act 2016;
- the Anti-Money Laundering and Counter-Terrorism Financing Act 2006; and
- the Competition and Consumer Act 2010.
There is no longer a need to maintain the listings of these entities within Schedule 1 to the PGPA Rule.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Senator the Hon Mathias Cormann
Minister for Finance